Industrial disputes :

Introducton :
Industrial Dispute means any dispute or differences between employers
and employers or between employers and workmen or between workmen
and workmen, which is connected with the employment or non-employment
or the terms of employment or with the conditions of labour of any person.

Definition :
Industrial Dispute is disagreement or difference between the two
parties, the labour and the management.
Disagreement between an employer and its employees, usually
represented by a trade union, over some aspect of the terms or conditions of
employment.

A disagreement between employers and workers. Some common

subjects for industrial disputes are wages and conditions, occupational health
and safety, unfair dismissals or environmental issues.

Nature of Industrial Disputes :

 Must affect large group of workmen
 Dispute should be taken up by the industry union
 The parties to dispute must have direct and substantial intrest.

Types of Industrial Disputes :

  STRIKE : Strike means a cessation of work by a body of persons
employed in any industry acting in combination, or a concerted refusal,
or a refusal under a common understanding, of any number of persons
who are or have been so employed to continue to work or to accept
employment.
 Primary strike
 Secondary or sympathy strike
 LOCK-OUTS : Lockout means the closing of a place of employment, or
the suspension of work, or the refusal by an employer to continue to
employ any number of persons employed by him.
 GHERAO
 PICKETING OR BOYCOTT

Types of ID given by ILO :

 Interest Dispute
 Arise out of terms and conditions of employment either out of the
claims made by the employees or offer given by the employers.
 An interest dispute involves settling the terms of a new collective
agreement.
 Grievance or Right Dispute : A rights dispute involves the
interpretation, application, administration, or alleged violation of an
existing collective agreement or award.

Causes of Industrial Dispute :

 Demand for higher gratuity and other retirement benefits.
 Demand for higher bonus.
 Demand for certain allowances such as:
 House rent allowance
 Medical allowance
 Night shift allowance
 Conveyance allowance
 Demand for paid holiday etc
 Non- recognition of trade union
 Rumours spread out by undesirable elements
 Working conditions and working methods
 Lack of proper communication
 Behaviour of supervisors
 Inter trade union Rivalry etc
Consequences of industrial disputes :

For Employers :
•Decrease in output
•Increase in cost of production
•Fall in sales n fall in profits
•In long run loss of good will

For Employees :
psychological and physical consequences of forced idleness
 The threat of loss of employment
For the Nation :
 An adverse effect on the national productivity, national income.
 Cause wastage of national resources

Machinery for settlement of Industrial disputes Works Committee :

 For promoting dialogue between the employer and the workmen and for
securing and preserving amity.
 The appropriate government may require the employer to set-up works
committee for every industrial establishment employing 100 or more
workmen.
 comprising equal representatives of management and workmen
 The main function is to endeavour to compose any difference of opinion in
matters of common interest and thereby promote measures for securing
and preserving amity and cordial relations between the employer and
workmen.
  Conciliation Officer
 The conciliation officer may be appointed by the government for specified
area or specified industries.
 Their main duty is to investigate and promote settlement of disputes by
inviting the parties to come to a fair and amicable settlement.
 Conciliation proceedings are obligatory in case of disputes in public utility
services
 Conciliation officer to normally submit report within 14 days of
commencement of conciliation proceedings
 Duty of the conciliation officer is administrative and not judicial in nature

 Board of Conciliation
 Government may, as occasion arises, constitute a board of conciliation with
an independent person as chairman and equal representatives of the
parties concerned as its members.
 The board has to submit its report within two months of reference to it, or
within such shorter periods as may be fixed by the government.
 If the board fails to bring about settlement, a report is submitted to the
government explaining full facts and reasons for the failure along with its
findings.
 Court of Enquiry
 The government may constitute a court of enquiry to enquire into any
matter connected with an industrial dispute
 The court may consist of one or more independent persons
 It has to submit its report on the matters referred to it within six months
from the commencement of its inquiry
 object is to enquire into and reveal the causes of an industrial dispute